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If you have overpaid child support in colorado and a judgement

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is entered against the mother...
If you have overpaid child support in colorado and a judgement is entered against the mother how do you get the money back?
Submitted: 7 years ago.Category: Family Law
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6/24/2010
Family Lawyer: Law Educator, Esq., Lawyer replied 7 years ago
Law Educator, Esq.
Category: Family Law
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If you have a judgment entered against the mother for repayment, then you need to go back to the court and ask for a motion for garnishment and a motion to seize property and bank accounts to secure and satisfy your judgment (Motion to Enforce Judgment). It is in this motion that you identify her property, bank accounts and employment and ask the court for an order to take that property for your judgment and the court will issue the order and then you serve that order on the bank and her employer and the sheriff will seize any property specified and in that way the judgment is satisfied.

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Customer reply replied 7 years ago
Great answer Thank you, XXXXX XXXXX there are so much overpayments is because they are ganishing two sources of income and we just went to court to get CS lowered from $700 to $190.00 but they did nothing to take away both ganishments so the overpayments continue. The mother is averaging 1101.00 per month because of this and the current order says $190.00 but they only did a judgement for up to the court date and have not fixed the garnishments.
Family Lawyer: Law Educator, Esq., Lawyer replied 7 years ago
If you are still bound to pay, you can also ask the court for an order crediting you for the overpayments, meaning all payments should stop until the overpayments are made up. You would need to get an order from the court to the child support agency if they are the ones continuing the garnishments.
Law Educator, Esq.
Category: Family Law
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